HONEYWELL INTERNATIONAL, INC. v. USA
Federal Civil Lawsuit United States Court of Federal Claims, Case No. 1:03-cv-01915-GWM
District Judge George W. Miller, presiding

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Honeywell International, Inc. Honeywell International, Inc., Plaintiff

Toggle Switch Represented by Stein, Mitchell & Mezines, LLP

Name Phone Fax E-Mail
Space David U. Fierst +1 202 737 7777 +1 202 296 8312 dfierst@steinmitchell.com
v.
United States of America United States of America, Defendant
Officially listed as "USA"

Toggle Switch Represented by United States Department of Justice

Name Phone Fax E-Mail
Space G. Robson Stewart +1 202 307 6493 +1 202 514 9440 george.r.stewart@usdoj.gov
Office COFC
Filed 8/14/2003
Jury Demand None
Demand $1929000
Nature of Suit 206 - Tax - Excise
Cause Section 28 U.S.C. § 1491 Tucker Act
Jurisdiction U.S. Government Defendant
Disposition Judgment - Stipulation
County None
Terminated 5/26/2005
Origin 1
Reopened None
Lead Case None
Related Case
Other Court Case '05-5145'[]
Def Custody Status
Flag CLOSED
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Blank 52 Filed: 12/6/2007, Entered: 12/6/2007
SATISFACTION OF JUDGMENT, forwarded to plaintiff's counsel, principal of $2,453,023.25, and interest of $566,014.79, totaling $3,019,038.04. (bre,)
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    Blank 51 Filed: 6/5/2006, Entered: 6/5/2006
    MANDATE of CAFC dismissing [49] Notice of Appeal filed by USA. (hw1, )
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      Blank 50 Filed: 7/12/2005, Entered: 7/21/2005 Terminated:
      CAFC Case Number 05-5145 for [49] Notice of Appeal filed by USA. (hw1, )
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        Blank 49 Filed: 7/5/2005, Entered: 7/6/2005 Terminated:
        NOTICE OF APPEAL by USA. Copies to judge, opposing party and CAFC. (hw1, )
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          Blank -- Filed: 6/8/2005, Entered: 6/8/2005
          Set/Reset Transcript Deadlines: Transcript due by 6/9/2005. (vp1, )
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            Blank 48 Filed: 6/2/2005, Entered: 6/6/2005 Certified Transcript to Attorney
            CERTIFIED TRANSCRIPT OF JUDGMENT, dated May 26, 2005, forwarded to David U. Fierst, also certified copy of judgment, forwarded to the Tax Division of the Department of Justice. See letter in file. (bre,)
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              Blank 47 Filed: 5/26/2005, Entered: 5/26/2005
              JUDGMENT entered, pursuant to Rule 58, that the plaintiff recover of and from the United States the amounts set forth below with respect to the taxable quarters ended on the dates set forth below, plus interest according to law.(December 31, 1998 - $168,101.79), (March 31, 1999 - $189,209.99), (June 30, 1999 - $190,214.90), (September 30, 1999 - $169,725.69), (December 31, 1999 - $154,494.65), (March 31, 2000 - $145,016.06), (June 30, 2000 - $152,915.45), (September 30, 2000 - $176,590.30), (December 31, 2000 - $138,239.93), (March 31, 2001 - $151,610.34), (June 30, 2001 - $131,774.77), (September 30, 2001 - $133,728.83), (December 31, 2001 - $124,527.42), (March 31, 2002 - $96,091.92), (June 30, 2002 - $89,394.28), (September 30, 2002 - $80,681.21), (December 31, 2002 - $85,956.03), (March 31, 2003 - $74,749.69). (lld, )
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                Blank 46 Filed: 5/26/2005, Entered: 5/26/2005 Court Filing
                Order directing the clerk to enter final judgment in favor of plaintiff in the amounts designated. Signed by Judge George W. Miller. (lld, )
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                  Blank 45 Filed: 5/20/2005, Entered: 5/25/2005 Stipulation
                  STIPULATION of Fact as to the Ammounts of Tax Subject to the Court's Opinion of February 16, 2005, filed by all parties. (mb2, )
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                    Blank 44 Filed: 5/13/2005, Entered: 5/16/2005 TranscriptCourt Filing
                    TRANSCRIPT (Pg 1-5) of Proceedings held on 5/9/05 before Judge George W. Miller. (eph, )
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                      Blank -- Filed: 5/13/2005, Entered: 5/13/2005
                      TRANSCRIPT (Pg 1-7) of Proceedings held on 4/25/05 before Judge George W. Miller. (eph, )
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                        Blank -- Filed: 5/6/2005, Entered: 5/9/2005 Transcript
                        TRANSCRIPT (Pg 1-10) of Proceedings held on 4/8/05 before Judge George W. Miller. (eph, )
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                          Blank 43 Filed: 4/26/2005, Entered: 4/28/2005 Status Conference OrderCourt Filing
                          STATUS CONFERENCE ORDER: Status Conference set for 5/9/2005 at 3:30 PM before Judge George W. Miller. Signed by Judge George W. Miller. (mb2, )
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                            Blank 42 Filed: 4/11/2005, Entered: 4/13/2005 Status Conference OrderCourt Filing
                            STATUS CONFERENCE ORDER: Status Conference set for 4/25/2005 at 02:00 PM before Judge George W. Miller. Signed by Judge George W. Miller. (mb2, )
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                              Blank -- Filed: 4/4/2005, Entered: 4/5/2005 Transcript
                              TRANSCRIPT (Pg 1-8) of Proceedings held on 3/3/05 before Judge George W. Miller. (eph, )
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                                Blank -- Filed: 3/16/2005, Entered: 3/16/2005
                                Set/Reset Transcript Deadlines: Transcript due by 4/4/2005. (vp1, )
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                                  Blank 41 Filed: 3/4/2005, Entered: 3/7/2005 Scheduling OrderCourt Filing
                                  SCHEDULING ORDER: Plaintiff shall provide Defendant with the relevant invoices and affidavits necessary to establish the amount of dameges by 3/28/2005. Status Conference set for 4/8/2005 at 03:00 PM before Judge George W. Miller. Signed by Judge George W. Miller. (mb2, )
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                                    Blank -- Filed: 3/1/2005, Entered: 3/1/2005
                                    TRANSCRIPT (Revised and Corrected Copy) of Proceedings held on December 1, 2004 before Judge George W. Miller. (eph, )
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                                      Blank 40 Filed: 2/23/2005, Entered: 2/24/2005 Order on Motion for Miscellaneous ReliefCourt Filing
                                      ORDER granting [39] Motion to Correct the Transcript of the December 3, 2004 Oral Argument. Signed by Judge George W. Miller. (mb2, )
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                                        Blank 38 Filed: 2/23/2005, Entered: 2/24/2005 Status Conference OrderCourt Filing
                                        STATUS CONFERENCE ORDER: Status Conference set for 3/3/2005 at 03:00 PM before Judge George W. Miller. Signed by Judge George W. Miller. (mb2, )
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                                          Blank 39 Filed: 2/16/2005, Entered: 2/24/2005, Terminated: 2/23/2005 Terminated:
                                          MOTION Correct the Transcript of the December 3, 2004 Oral Argument by HONEYWELL INTERNATIONAL, INC., USA.Service: 2/16/2005. Response due by 3/7/2005. (mb2, )
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                                            Blank 37 Filed: 2/16/2005, Entered: 2/16/2005 Court Filing
                                            PUBLISHED OPINION - For the reasons set forth above, plaintiff's motion for summary judgment is GRANTED and defendant's cross-motion for summary judgment is DENIED. The parties shall contact chambers within ten days to schedule a status conference to determine the course of further proceedings in this case. Signed by Judge George W. Miller. (hw1, )
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                                              Blank 35 Filed: 12/8/2004, Entered: 12/14/2004 Supplemental Brief
                                              SUPPLEMENTAL BRIEF by HONEYWELL INTERNATIONAL, INC. Service: 12/8/04.(jat, )
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                                                Blank 34 Filed: 12/7/2004, Entered: 12/13/2004 ~Notice (other)
                                                NOTICE of Explanation of Erroneous Paragraph References in its Response to Plaintiff's Proposed Findings of Uncontroverted Fact by USA. Service: 12/7/04.(jat, )
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                                                  Blank 36 Filed: 12/3/2004, Entered: 1/3/2005 TranscriptCourt Filing
                                                  TRANSCRIPT of Proceedings held on December 1 2004 before Judge George Miller. (eph, )
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                                                    Blank 33 Filed: 12/2/2004, Entered: 12/9/2004 Scheduling OrderCourt Filing
                                                    SCHEDULING ORDER: Pltf shall file by Wednesday, 12/15/2004 a supplemental brief explaining its view of the significance of the Comdata opinion with respect to the issues raised by the parties' motions. Dft shall file by 12/15/2004 an explanation of dft's reference to paragraphs 42-51 of Dft's Proposed Findings of Uncontroverted Fact. Signed by Judge George W. Miller. (jcp, )
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                                                      Blank -- Filed: 12/2/2004, Entered: 12/2/2004
                                                      Set/Reset Transcript Deadlines: Transcript due by 1/3/2005. (vp1, )
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                                                        Blank 32 Filed: 10/21/2004, Entered: 10/27/2004 Order Setting Oral Argument/Hearing on MotionCourt Filing
                                                        ORDER Setting Hearing on Motion [22] MOTION for Summary Judgment, [26] CROSS MOTION to [22] Motion for Summary Judgment filed by HONEYWELL INTERNATIONAL, INC.: Oral Argument set for 12/1/2004 01:00 PM in National Courts Building before Judge George W. Miller. Signed by Judge George W. Miller. (lld, )
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                                                          Blank 31 Filed: 9/27/2004, Entered: 9/29/2004 Description not available
                                                          REPLY BRIEF in Support of [26] Dft's CROSS MOTION and in OPPOSITION to [22] Pltf's Motion for Summary Judgment, filed by USA. Service: 9/27/2004.(jcp, )
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                                                            Blank 30 Filed: 9/16/2004, Entered: 9/21/2004 Order on Motion for Extension of Time to File RespCourt Filing
                                                            ORDER granting [29] Dft's Motion for Extension of Time to File Reply to Response to [26] Dft's CROSS MOTION to [22] Pltf's Motion for Summary Judgment and Proposed Findings of Uncontroverted Fact.Dft shall file with the Court its Replies to pltf's responses to dft's cross motion and proposed findings of uncontroverted fact on or before 9/27/2004. Signed by Judge George W. Miller. (jcp, )
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                                                              Blank 29 Filed: 9/14/2004, Entered: 9/17/2004, Terminated: 9/16/2004 Terminated:
                                                              MOTION for Extension of Time to File Reply to Response to the Cross-Motion for Summary Judgment and Proposed Findings of Uncontroverted Fact, (until September 27, 2004) by USA.Service: 9/14/2004. (dw1)
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                                                                Blank 28 Filed: 9/10/2004, Entered: 9/16/2004 Response to Motion
                                                                MEMORANDUM IN SUPPORT OF Pltf's RESPONSE to [26] Dft's CROSS MOTION and REPLY to Dft's Response to [22] Pltf's Motion for Summary Judgment on Liability, filed by HONEYWELL INTERNATIONAL, INC. [FILED BY LEAVE OF THE JUDGE] Reply due by 9/20/2004. Service: 9/3/2004.(jcp, )
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                                                                  Blank 27 Filed: 9/10/2004, Entered: 9/16/2004 Response to Proposed Findings of Uncontroverted Fa
                                                                  RESPONSE to [25] Dft's PROPOSED FINDINGS of Uncontroverted Fact, filed by HONEYWELL INTERNATIONAL, INC. [FILED BY LEAVE OF THE JUDGE] Service: 9/3/2004.(jcp, )
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                                                                    Blank 26 Filed: 8/12/2004, Entered: 8/16/2004 Terminated:
                                                                    CROSS MOTION to [22] Pltf's Motion for Summary Judgment and Brief in Support Thereof, Together with Separately Bound Appendix Volume, by USA. [FILED BY LEAVE OF THE JUDGE]Service: 8/6/2004. Response due by 9/7/2004. (jcp, )
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                                                                      Blank 25 Filed: 8/12/2004, Entered: 8/16/2004 Proposed Findings of Uncontroverted Fact
                                                                      PROPOSED FINDINGS of Uncontroverted Fact by USA. [FILED BY LEAVE OF THE JUDGE] Service: 8/6/2004.(jcp, )
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                                                                        Blank 24 Filed: 8/12/2004, Entered: 8/16/2004 Response to Proposed Findings of Uncontroverted Fa
                                                                        RESPONSE to [23] Pltf's PROPOSED FINDINGS of Uncontroverted Fact, filed by USA. [FILED BY LEAVE OF THE JUDGE] Service: 8/6/2004.(jcp, )
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                                                                          Blank 23 Filed: 7/9/2004, Entered: 7/13/2004 Proposed Findings of Uncontroverted Fact
                                                                          PROPOSED FINDINGS of Uncontroverted Fact by HONEYWELL INTERNATIONAL, INC. Service: 7/9/2004.(hw1, )
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                                                                            Blank 22 Filed: 7/9/2004, Entered: 7/13/2004 Terminated:
                                                                            MOTION for Summary Judgment (together with 5 volumes of exhibits) by HONEYWELL INTERNATIONAL, INC. Service: 7/9/2004. Response due by 8/9/2004 (hw1, )
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                                                                              Blank 21 Filed: 6/28/2004, Entered: 7/1/2004 Answer
                                                                              ANSWER to [16] Amended Complaint by USA.Service: 6/28/04..(jat, )
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                                                                                Blank 20 Filed: 5/14/2004, Entered: 5/18/2004 TranscriptCourt Filing
                                                                                TRANSCRIPT of Proceedings held on April 14, 2004 before Judge George Miller. (dw1)
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                                                                                  Blank 19 Filed: 4/16/2004, Entered: 4/21/2004 Scheduling OrderCourt Filing
                                                                                  SCHEDULING ORDER: Dft shall file its answer to pltf's amended complaint by Monday, 6/28/2004 per this Court's Order of 4/12/2004. Pltf shall file its motion for summary judgment on laibility by Friday, 7/9/2004. Deadlines for filing dft's opposition and related papers and pltf's reply shall be as set forth in RCFC 7.2. Signed by Judge George W. Miller. (jcp, )
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                                                                                    Blank -- Filed: 4/15/2004, Entered: 4/15/2004
                                                                                    Set/Reset Transcript Deadlines: Transcript due by 5/14/2004. (vp1, )
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                                                                                      Blank -- Filed: 4/14/2004, Entered: 4/14/2004
                                                                                      Minute Entry for proceedings held before Judge George W. Miller: Status Conference held on 04/14/2004. (kxb, )
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                                                                                        Blank 18 Filed: 4/12/2004, Entered: 4/13/2004 Order on Motion for Extension of Time to AnswerCourt Filing
                                                                                        ORDER granting [17] Motion for Extension of Time to Answer. Answer to First Amended Complaint due by 6/28/2004. Signed by Judge George W. Miller. (dw1)
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                                                                                          Blank 17 Filed: 4/8/2004, Entered: 4/12/2004, Terminated: 4/12/2004 Terminated:
                                                                                          JOINT MOTION for Extension of Time (60 days) to File Answer re [16] Amended Complaint by HONEYWELL INTERNATIONAL, INC., USA. (jat, )
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                                                                                            Blank 16 Filed: 4/8/2004, Entered: 4/12/2004 Amended Complaint
                                                                                            AMENDED COMPLAINT. (Filed Upon Consent of Defendant) Service: 4/8/04.(jat, )
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                                                                                              Blank 15 Filed: 4/1/2004, Entered: 4/5/2004 Scheduling OrderCourt Filing
                                                                                              SCHEDULING ORDER: The parties shall appear for a Preliminary Scheduling Conference on Wednesday, 4/14/2004 02:30 PM in National Courts Building before Judge George W. Miller. Signed by Judge George W. Miller. (jcp, )
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                                                                                                Blank 14 Filed: 3/26/2004, Entered: 3/30/2004 Order on Motion for Protective OrderCourt Filing
                                                                                                ORDER granting [13] Pltf's Motion for Protective Order. The following exhibits shall be filed under seal and dft shall not disclose the exhibits outside of this litigation: (See order for details). The United States may at any time object to the designation of any of the exhibits under this Protective Order. Signed by Judge George W. Miller. (jcp, )
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                                                                                                  Blank 13 Filed: 3/23/2004, Entered: 3/25/2004, Terminated: 3/26/2004 Terminated:
                                                                                                  MOTION for Protective Order by HONEYWELL INTERNATIONAL, INC.Service: 3/23/2004. Response due by 4/9/2004. (jcp, )
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                                                                                                    Blank 12 Filed: 2/10/2004, Entered: 2/17/2004 Order on Motion for Extension of Time to File RespCourt Filing
                                                                                                    ORDER granting [11] Pltf's Consent Motion for Extension of Time. Pltf's deadline for responding to Dft's First Request for Production of Documents and First Set of Interrogatories is extended from Monday, 2/9/2004 to Thursday, 3/25/2004. Signed by Judge George W. Miller. (jcp, )
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                                                                                                      Blank 11 Filed: 2/4/2004, Entered: 2/9/2004, Terminated: 2/10/2004 Terminated:
                                                                                                      CONSENT MOTION for Extension of Time to File Response to the Dft's First Request for Production of Documents and First Set of Interrogatories, until 3/25/2004, by HONEYWELL INTERNATIONAL, INC.Service: 2/4/2004. Response due by 2/23/2004. (jcp, )
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                                                                                                        Blank 10 Filed: 1/27/2004, Entered: 1/28/2004 Notice of ReassignmentCourt Filing
                                                                                                        NOTICE of Reassignment to Judge George W. Miller. (dls)
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                                                                                                          Blank 9 Filed: 1/27/2004, Entered: 1/28/2004 Order Reassigning CaseCourt Filing
                                                                                                          ORDER REASSIGNING CASE. Case reassigned to Judge George W. Miller for all further proceedings. Judge Diane Gilbert Sypolt no longer assigned to case. Signed by Chief Judge Edward J. Damich for Judge Diane Gilbert Sypolt. (dls)
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                                                                                                            Blank 8 Filed: 12/29/2003, Entered: 12/30/2003 Joint Preliminary Status Report
                                                                                                            JOINT PRELIMINARY STATUS REPORT. (jcp, )
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                                                                                                              Blank 7 Filed: 11/10/2003, Entered: 11/17/2003 Answer
                                                                                                              ANSWER to [1] Complaint by USA.Service: 11/10/03. JPSR due by 1/1/2004.(jcp, )
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                                                                                                                Blank 6 Filed: 10/22/2003, Entered: 10/27/2003 Order on Motion for Extension of Time to AnswerCourt Filing
                                                                                                                ORDER granting [5] Motion for Extension of Time to Answer, Answer Due by 11/12/2003. Signed by Judge Diane G. Sypolt. (jat, )
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                                                                                                                  Blank 5 Filed: 10/9/2003, Entered: 10/16/2003, Terminated: 10/22/2003 Terminated:
                                                                                                                  MOTION for Extension of Time to File Answer re: [1] Complaint until 11/11/2003 by USA.Service: 10/9/03. Response due by 10/27/2003. (jcp, )
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                                                                                                                    Blank 4 Filed: 9/5/2003, Entered: 9/10/2003 OrderCourt Filing
                                                                                                                    Chambers Procedures. Signed by Judge Diane G. Sypolt. (jcp, )
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                                                                                                                      Blank 3 Filed: 8/29/2003, Entered: 9/4/2003 Notice of Appearance/
                                                                                                                      NOTICE of Appearance by G. Robson Stewart for USA. Service: 8/28/03.(jcp, )
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                                                                                                                        Blank 2 Filed: 8/13/2003, Entered: 8/14/2003 Notice Of AssignmentCourt Filing
                                                                                                                        NOTICE of Assignment to Judge Diane Gilbert Sypolt. (dw1, )
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                                                                                                                          Blank 1 Filed: 8/13/2003, Entered: 8/14/2003 Complaint
                                                                                                                          COMPLAINT against USA (TRE) (Filing fee $150, Receipt number 058399), filed by HONEYWELL INTERNATIONAL, INC., filed with exhibit's A thru I.Answer Due by 10/14/2003.(dw1, )
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